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A more general point is that it would be desirable to make investors who are under reasonable suspicion of corrupt practices or violation of human rights (including labour rights) ineligible to use the ISDS system. Regardless of whether the activities in question are directly related to the case - association with corrupt practice in one time and place taints the investor in general.

Likewise, guarantees issued by governments, current and former, who are under reasonable suspicion of corrupt practices or human rights violations should be discounted for ISDS purposes. Likewise, the corrupt practices should not need to relate directly to the case at hand - reasonable suspicion of corrupt practices in one area are sufficient to raise reasonable suspicion that corrupt practices are also taking place in other areas.

The standard advocated here is "reasonable suspicion" because actual convictions for corrupt practices basically don't happen in the real world. So a standard of "convicted of corrupt practices" would be little more than a rubber stamp.

- Jake

Friends come and go. Enemies accumulate.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sun Jul 6th, 2014 at 06:14:35 AM EST

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